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03
City of Pleasanton
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CITY CLERK
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2022
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051722
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5/17/2022 10:47:38 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/17/2022
EXPIRATION DATE
5/17/2037
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In response to Councilmember Testa, Mr. Wagaman clarified state law generally favors keeping <br /> communities of interest whole, but advised there are regular exceptions and a downtown area is a <br /> popular example. He said having a goal of intentionally splitting communities of interest would probably <br /> run afoul of state law. He confirmed a Councilmember will have to live in their represented district. <br /> In response to Councilmember Testa, Mayor Brown advised there are 850 homes in Ruby Hill and if <br /> their representative cannot vote it is disappointing to the community. She stated downtown could have <br /> the same frustrating situation. <br /> In response to Councilmember Testa, Mr. Wagaman confirmed the districts are not allowed to overlap. <br /> Tom Willis, attorney with Olson Remcho, LLP, also confirmed districts cannot overlap due to the CVRA. <br /> In response to Councilmember Testa, Mr. Willis advised he and City Attorney Sodergren can discuss if <br /> there are any solutions to the conflict of interest issue with smaller districts. City Attorney Sodergren <br /> advised the Political Reform Act generally does not take districting into account but noted there is a <br /> Public Generally Exception from the FPPC allowing an official to participate in the decision if it impacts <br /> 15% of the district for a residential property or 25% of the district if it is non-residential. <br /> In response to Councilmember Balch, Mr. Willis confirmed in the transition, the current at-large elected <br /> officials would not be removed from office before the end of their terms. He explained that in 2022, they <br /> would try to align the first two district elections with the two Councilmembers who are up for reelection <br /> and the other two in 2024. He confirmed the definitions of residency for candidates do not change with <br /> districting. <br /> 11. Continued from January 4, 2022 — Discussion regarding Proposed Ballot Measure 21-0016 <br /> Amendment 1 which provides that local land use and zoning laws override conflicting State laws, <br /> and consider taking a position <br /> Assistant to the City Manager Becky Hopkins reported Proposed Ballot Measure 21-0016 would <br /> provide that any local ordinances, regulations, or charter provisions regarding land use zoning within <br /> the boundaries of a county or city would prevail over state law if a conflict exists. She advised staff <br /> recommends not acting at this time to allow for further study to identify any potential consequences. <br /> She reported the initiative would override all conflicting state laws except for areas of concern related to <br /> the California Coastal Act of 1976, the siting of power plants, and the development of water, <br /> communications, or transportation infrastructure. She advised the proposed amendment to the State <br /> constitution would prevent the State legislature and local legislative bodies from passing laws <br /> invalidating voter-approved local land-use or zoning initiatives, and prohibit the State from changing, <br /> granting or denying funding to local governments based on their implementation of this measure. She <br /> noted fiscal impacts are unclear at this time. <br /> If the initiative were to pass, a city or county could adopt a local ordinance overriding current state laws <br /> and requirements but not voter-approved local initiatives. She clarified an ordinance adopted under a <br /> city's police power to protect public health, safety, and welfare cannot be enforced if it conflicts with <br /> state law. She advised a conflict exists if a local ordinance duplicates state law, contradicts state law, or <br /> enters a field fully occupied by state law. <br /> The initiative aligns with the principle in the City's Legislative Framework of protecting local control but <br /> noted the framework does not provide guidance for taking a position on a proposed ballot initiative. She <br /> noted there is a provision considering a scenario where another city's decision harms Pleasanton if <br /> there is no state law to remedy the situation. She reported the analysis was performed by the City's <br /> advocacy partners from the California League of Cities (Cal Cities). <br /> City Council Minutes Paae 6 of 17 <br /> � January 18. 2022 <br />
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